The Attorney-General’s office has until next Tuesday to address inquiries from lawyers for plaintiffs Sung Jin Lee and Nam Suk Choi, in a case seeking a judicial review. The civil case was heard by Justice Anare Tuilevuka in the High Court in Suva on Friday.
Lawyers Nilesh Prasad and Devanesh Sharma represented the plaintiffs, while Deputy State Solicitor Ofa Solimailagi acted on behalf of the state. The case arises from a judicial review application linked to a High Court ruling involving six individuals who were issued red notices last year.
During the court proceedings on Friday, updates were discussed regarding the questions that Home Affairs and Immigration Minister Pio Tikoduadua is required to answer. The plaintiffs had previously been granted permission to apply for interrogatories after their request to cross-examine Mr. Tikoduadua was declined.
Ms. Solimailagi informed the court that the State had received 23 questions, but some could not be answered as Mr. Tikoduadua was not regarded as the appropriate authority for a few, and others were considered privileged.
Mr. Sharma expressed readiness to discuss and resolve the matter prior to the next hearing in a month, emphasizing that addressing the questions would clarify the basis for the judicial review.
The relevance of the ouster clause to the case remains unresolved, pending a ruling from the Supreme Court. While Ms. Solimailagi argued for the applicability of the ouster clause, Mr. Sharma referenced Section 16 (1) (c) of the 2013 Constitution, which permits judicial review of any executive or administrative action.
Justice Tuilevuka postponed the matter, stating he anticipates the state’s responses. The case will continue in Lautoka.